Defending Florida's Ecosystems & Communities

Judge Gold Issues Order and EPA Makes Amended Determination

The court in the Gold Case finds the 2009 EPA Determination did not comply with the court’s previous order. The Court orders the EPA to issue an amended determination that prohibits FDEP from issuing NPDES permits for STAs that discharge into the Everglades Protection Area until the FDEP is in compliance with the Clean Water Act.

Following this ruling, EPA issues its Amended Determination, which notifies FDEP that the narrative and numeric nutrient criteria for phosphorus are not being met in the Everglades Protection Area. The Amended Determination among other things establishes for the first time a water quality based effluent limitation (WQBEL) for discharges into the Everglades Protection Area. The WQBEL must be included in all permits for discharges from the STAs into the Everglades Protection Area.